False Allegation of Rape

Rape Laws are the most vicious form of gender biased laws.
These are blatantly being misused by women. Abuse of these laws are destroying men, their self esteem, their family and society. I think there should be severe punishment for false accusation of crime, and it should be capital punishment for false accusation of rape.
Read this news story:
New Delhi, May 5 (IANS) Twelve years after being falsely accused of rape and later convicted, four men were Tuesday acquitted by Delhi High Court of the charges brought against them by a sex worker with the alleged connivance of some Delhi Police officials.
One of the men, Pankaj Chaudhari in his plea before the court claimed that he was “paying the price for opposing a flesh trade racket near his house in 1997″.
He was arrested, along with his brother Gunjesh, and two friends Jailal Yadav and Kashim Rain, on charges of raping a neighbour, who allegedly ran a prostitution ring.
They were jailed on July 28, 1997, and then convicted for gangrape in 2000, after police then manning the Hauz Khas police station – apparently at the instance of the s*x worker – decided to frame them for protesting against the racket which led to her business suffering.
Subsequently, an inquiry was ordered within the police department. The high court released the four men on bail in 2001.
“Due to allegations of rape, a stigma is attached to our names and we are facing great hardships in finding any job for our livelihood. We have been thrown out of jobs and are unable to live with dignity because we are called rapists,” they stated in their petition.
Justice S. Muralidhar acquitted the four, but reserved order on the plea of taking action against the then police officials involved in the case.
After they were convicted in 2000, their relatives alleged foul play, which led Amod Shastri, heading an NGO called Nyay Bharti, to probe the case.
Shastri’s efforts revealed that while the woman claimed she was raped at 9.30 p.m. by the four, another complaint in the same police station showed that she was arrested the same afternoon for indulging in flesh trade and let off at 10.30 p.m. on a bond of Rs.500. This indicated that she was actually at the police station at the time she claimed to have been raped at her home.

These laws have been enacted favourably for women, under the false presumption that women need special laws or special treatment in law. It is this abuse of law by a class of human beings, who act as victims, is pernicious and should be severely condemned. Protection laws must not be misused- for it will remove the very reason of protection laws in the legal system.
The problem of these gender biased laws is very basic which attacks the very root of civilized justice system. There is a concept called “corpus delicti” in criminal laws. It refers to proof of crime. Before starting a criminal trial, a court should ask for corpus delicti- an independent proof that crime has happened. A person should be put on trial only when there is independent proof of crime- independent proof in the sense that people not accusing the accused can say that crime has happened. Corpus delicti literally means, dead body. A person should not be put on trial for murder if there is no dead body (independent proof of crime).
In gender biased laws, there is no corpus delicti. In these gender biased laws, Corpus delicti is merely the view of the accuser women. Say, in an office, a male collegue approaches a women. If by chance women likes that collegue, it is proposal; if she does not like that person, it is sexual harassment at work place. Similarly, sexual intercourse between two adults may be making love or rape, based on the views of accusing women. Heated argument between husband and wife can be normal marital happening or cruelty towards women. It is very nature of these laws, which makes these prone to abuse. In these laws there is no corpus delicti, except statement of women. Hence abuse of these laws happens, not in the sense of accusing some innocent person falsely- it is accusing somebody, even when no crime has happened. That is why, these laws are sinister and should be opposed everywhere- in streets, in legislatures and in court rooms.
Why do women make false allegation of rape? Let us see a study- it throws some interesting facts- Quote-
The National Organization for Women , radical feminists, and Women’s Studies departments, often deny that women make false accusations about rape by asking the naïve, simplistic, and self-serving question: “Why would a woman lie?”
It turns out that there are plenty of reasons women lie about rape, either deliberately or out of desperation.
A U.S. Air Force study, “The False Rape Allegation in the Military Community (1983) investigated 556 cases of alleged rape, and found a 60% rate of false accusations. As part of the study, women who were found to have made false accusations were asked “WHY?”
Motivations given by the women who acknowledged they had made false accusations:
Reason – Percent
Spite or revenge – 20
To compensate for feelings of guilt or shame – 20
Thought she might be pregnant – 13
To conceal an affair – 12
To test husbands’ love – 9
Mental/emotional disorder – 9
To avoid personal responsibility – 4
Failure to pay, or extortion – 4
Thought she might have caught VD – 3
Other – 6

The study found that most false accusations are “instrumental” – they served a purpose. If the purpose isn’t avoiding guilt, or getting revenge, it might serve a more focused purpose, for example, telling her parents; “I didn’t just go out and get pregnant, I was raped.” Or, telling her husband, “I didn’t have an affair, it wasn’t my fault, I was raped.”
An unrelated Washington Post article, “Unfounded Rape Reports Baffle Investigators” (6/27/1992) also found a wide range of motivations to falsely accuse men of rape. Anger toward boyfriends was common. One woman had her boyfriend spend 13 months in jail before she acknowledged that she had lied. One woman accused her newspaper delivery man of raping her at gunpoint because she needed an excuse to be late to work.
Neither woman was prosecuted or even reprimanded for lying to the police and attempting to have a man frivolously imprisoned. In a recent US case, police say a young woman who admitted to falsifying two rape reports only wanted a day off from work.
All rape accusations need to be considered seriously, as, no doubt, rape does occur. But a balance needs to be maintained between the claims of the accuser against the all-too-often legitimate denial of the accused.
Women who are found to have made a false s*xual assault complaint should receive the same jail sentence as the male victim would have received if he had been convicted. That will put the brakes on fake rape charges.
Friends, we have to understand the reality. Society does not run on emotional rhetoric given by feminists. When we will see reported cases of rape in a newspaper, it is very easy to understand what is motivating the false allegation or whether it is real. Unfortunately Indian Media and people in general, do not have courage to say the reality. It is preferable to be called progressive by supporting feminist views, even when innocent lives are being destroyed with false allegations under gender biased law- or you will be branded regressive or male chauvinist pig or men threatened by women’s empowerment.

A Times of India Report says that 18% of rape allegations are false. Quote,

A little less than 20% of sexual-assault cases reported in and around Delhi are false, shows a five-year study. In almost every fifth incident, or, in 18.3 % cases to be precise, rape is used as a weapon to malign and attempt revenge, found a group of psychologists who assist Delhi Police in investigating sexual assault allegations.

The conclusion was drawn from 113 cases in the last five years. Anger towards the accused prompted allegations of rape in 25% of the false charges. An equal number of such cases were filed at the behest of family members. Every fifth false allegation was made by a minor `coached’ to cry `rape’ as an attempt to settle family scores. About 15% were situations of panic after clear consent, while the remaining 15% defied categorisation.

In September 2007, the Supreme Court had alerted lower courts to attempts at misusing the rape law, noting “the courts should bear in mind that false charges of rape are not uncommon.”

Rajat Mitra of Swanchetan, the NGO that conducted the study, says the false cases can be complicated at times. He talks of a 16-year-old girl from West Delhi’s Dabri area who accused her father and another man of rape. The girl claimed insanity post-assault, saying she would see faces of men all around her attacking her. The girl broke down on being asked by counsellors whether the images were in black and white or in colour. She confessed her brother had asked her to accuse their father. With her father in jail, believed the girl, her brother would get the property and she would get to marry the person of her choice. In the end, withdrew the case.

Another case was of a medically proven rape of a 13-year-old in Dwarka. The girl had accused three men but the police found their investigations did not show these men’s involvement. After a quiet talking-to by psychologists, the girl finally got the courage to speak the truth. She said the three men who had raped her were family members who had threatened her. To protect them, and out of fear, she had accused three others. In this case, the chargesheet was filed against the real culprits.
Unfortunately Indian Legal system is ignoring this grim aspect of reality.

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12 Responses to “False Allegation of Rape”

  1. Anja Says:

    Rape is rape, and men are too frigging stupid to realise that they cannot take a woman without consent. Gotta love these misogynist views that men are the innocent party.

    • Rajesh Kumar Says:

      Your view is great Anja. On your view, there cannot be a false allegation of rape. If your view is accepted, why do we do this drama of trial- at least we can dispense with trial, humiliation of innocent accused in trial and public expenditure on trial.
      Just to add something more- more and more men are turning into misogynist beacuse of views you have just expressed. Keep on expressing your views, soon the term “man” will be replaced by “misogynist”. Keep it up.

  2. Tan Says:

    Your idea of ‘corpus deliciti’ is good and should be implied not only in the above context on Gender Bias but in every aspect of crime.
    Women in general are physically weak earthlings with multiple soft spots which are targeted everyday. For a man to take advantage of this is easy. Hence the rules were put into place which might look like a bias but is a need of the hour.
    You are talking about the minority of 18% in the context. Why aren’t you looking at the brighter side. There rest of 82% of females who are victims. Without such biased rules most of the culprits will definitely escape as it is easy to mask evidence and difficult to commit a crime leaving evidances. Most of the rapes which happen aren’t filed or reported. Why isn’t that mentioned in the context. Instead of talking like a masculist we have to work towards the betterment of the society rather than following the old rules of DIVIDE and rule to gain limelight.
    Society by itself is biased (rich and the poor, Strong and the weak…). False claims and allegation has become a religion for most of the psychopath wanting to run the show on personal vengeance. In this context I am talking about both men and women taking advantage of law to walk scott free.
    The whole issue is definitely debatable and you will be better off since you practice it everyday!
    Whole idea made short… There is no system which is fool proof… the PERFECT WORLD is only a fantasy to people who live in the world of illusion.

  3. Somnath Says:

    We need to import some culture from middle east where women have no rights, only then these women will understand the real meaning of freedom and misuse of laws.

  4. Rajesh Kumar Says:

    Rights is a difficult concept Somnath- the question is rights against whom? Rights donot exist in vacuum.
    When we see in terms of women rights- it is rights against men. Gender biased rape law is not a mere right of women- it is right of women against men. Why should men accept women rights?
    Off course a politician will accept it, for he is getting vote.

  5. Rajesh Kumar Says:

    Great Tan- merely 18% men are falsely accused. Although the survey appears very conservative, nevertheless when a man is accused it affect not only him but his wife (she may not be a feminist), his parents, his children, other dependent members of his family. Life, education, health, livelihood, social status of all these persons are affected. When we will count the number correctly, it will be more than the number of so called victim women.

  6. Tan Says:

    I told you… it is debatable and you are better off to debate!

    Merely 82% atleast have the courage to come out and claim that they are harassed. Same holds for them… Imagine their parents, family going through. The whole perspective of life changes for the VICTIM. It out numbers your percentage, aint it? If the rules aren’t biased the 82% of the guys who are accused can clean their hands and walk scott free.

  7. Rajesh Kumar Says:

    The issue is not 18% or 82%. The issue is truth. The issue is hearing everybody. The issue is having an unbiased view. The issue is punishing the guilty- whether he is a rapist or she is a false accuser.
    There is the problem. Our society is gender biased. Our society is discrminating against men since ages. Men are slaves in our society- they are made only for toiling- buring their sweat and blood so that they can maintain women and children, doing slaves work so that they can maintain state by paying taxes. Their reputation, their right to live with dignity is of no consequence to the society.
    Take the example of Gang rape allegation in Inderpuri Police station. It is clear why the women levelled such allegations. She has confessed her crime. Then also no proceeding has been initiated against her. Why- because she is a women. Because men’s reputation is worthless in society. Because politicians are interested in women vote.
    This should change. This will change. I just hope it can change without a formal gender war.

  8. Rajesh Kumar Says:

    False allegations of rape are far more common than most people imagine.

    Take Crossfire co-host Tucker Carlson. He was accused of raping a woman whom he had never met in a city he had never visited.

    Or William Hetherington, whose wife accused him of spousal rape during a bitter child custody dispute. Hetherington was imprisoned in 1985, and to this day is still awaiting justice.

    Or the U Mass student who cut her own face and fabricated a story of attempted rape because she wanted the university to give higher priority to protecting women.

    It’s too early to be making final pronouncements on the Kobe Bryant case. But you have to wonder when Bryant’s alleged victim was reported to be “bragging” about Bryant’s anatomy at a party two weeks after the escapade.

    Are false allegations of rape isolated incidents in our society?

    Eugene Kanin is a professor of sociology at Purdue University. Kanin tracked all allegations of rapes reported to the police over a 9-year period in one Midwestern town. In 41% of the cases, the woman later admitted that the rape allegation was false.

    DNA evidence reveals a somewhat lower figure. According to a 1996 Department of Justice report, “in about 25% of the sexual assault cases referred to the FBI,…the primary suspect has been excluded by forensic DNA testing.” This means that one in four rape allegations are simply bogus.

    A man convicted of rape often spends 10 years of his life behind bars.

    But what happens to a woman who makes a false allegation of rape?

    Usually, nothing.

    In the case of Tucker Carlson, he did not prosecute his accuser because he did not want his name further linked with the stigmatizing word, “rape.”

    The U Mass case is even more revealing. When the truth finally came out, David Angier, the local assistant district attorney, dismissed the deception: “If anyone is prosecuted for filing a false report, then victims of real attacks will be less likely to report them.”

    Read Mr. Angier’s remark a second time.

    Because it reveals an underlying belief that better that 10 men be sent to prison on false accusations of rape, than one true victim of rape decide to drop the charges.

    Mr. Angier’s remark echoes a chilling statement made by Catherine Comins of nearby Vassar College, who made this remark in Time magazine: “Men who are unjustly accused of rape can sometimes gain from the experience.”

    In other words, men can be freely accused of crimes they did not commit. And a man can be packed off to prison not because he assaulted a woman, but because he can “gain from the experience.”

    This is reminiscent of the tactic that Stalin used to purge the kulaks, the landowners who were driven from their farms not because of any particular wrong they had committed, but because they were members of a politically incorrect class.

    A generation ago, women who had been truly raped often did not press charges because of the embarrassment, shame, and fear that their complaint would be ridiculed. Thankfully, those days are past.

    Now, men who have been falsely accused of rape do not seek redress for the same reasons: embarrassment, shame, and fear that their complaint will be laughed off.

    Those days are still very much with us.

    (from http://www.ifeminists.net/introduction/editorials/2003/0805roberts.html
    Whose pain is greater- a victim of rape or a victim of false accusation of rape? Kindly let us know.

  9. Rajesh Kumar Says:

    A News Item in TOI-
    PANAJI: One year after a 26-year-old girl from Vasco alleged she was raped by a neighbour and that she had subsequently given birth to his child, DNA tests have revealed the accused did not father the child. The police now want to initiate action against the complainant for lodging a false complaint..

    A letter dated June 30, 2009 sent to the girl by Vasco police states, âEURoeI am to inform you that your complaint has transpired to be false. It is being considered whether action should be taken against you for lodging of false complaint.âEUR

    Sources reveal the police have also written to the judicial magistrate first class (JMFC), Vasco, to close the case and have sought permission to prosecute the girl for filing a false complaint. Sources said, âEURoeIt was decided to close the case and prosecute the girl for filing a false complaint as the report of the DNA test to determine whether the accused was the biological father of the baby born to the girl came negative.âEUR

    The girl has also received a letter from the Vasco JMFC informing her that a final report has been filed by the police and to appear before the court for grant of desummary (to close the case due to lack of evidence) or to file objections.

    The girlâEURTMs advocate, Amey Prabhudessai, confirmed receipt of the letters. Police records reveal that in her complaint the girl said that the accused, Andrew DâEURTMCunha, had called her to his house in his motherâEURTMs absence and had allegedly repeatedly raped her on April 7, 2007. A police complaint was lodged 11 months later on March 19, 2008 and a case of rape registered.

    The girl had said that she hadnâEURTMt filed a complaint till then as the boy had allegedly threatened her. It was only on learning that she was pregnant in December 2007 and after a child was born that she approached the police with the complaint.

    Initially, the police werenâEURTMt able to trace the accused, but in August 2008 he surrendered. Later, the girl, the child and the boy were subjected to DNA tests at GMC which revealed that DâEURTMCunha was not the childâEURTMs biological father..
    It is not clear as to whether the accused is still in jail- but I hope so- justice is not so cheap for men in a Feminist state like ours.

  10. Sandesh Says:

    Well said friend. Hopefully people are now slowly realizing what stupid laws our law-makers have made.
    I saw a survey on CNN IBN on 14th Aug 2009, and it said 84% people said, rape, dowry and women related laws are misused.

    The number of people arrested on charges of 498A, etc was more then a lac in 2007, I guess only when it will hit a million, will there be something concrete.

  11. Ralph Says:

    All women are selfish liars, it is just a matter of degree. The next time you disagree with a woman, no matter whether she is right, don’t attack her, nor support her, the best thing to do is to run away lest she will falsely accuse you of rape or sexual assault in her frustration.

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